Professional Malpractice

Professional malpractice can be defined as an individual practicing in their profession who inadequately perform the responsibilities associated with that profession and someone is injured as a result of the behavior. Many types of professions are susceptible to a malpractice suit, however medical and legal malpractice suits are the most common.

At Doustkam & Associates we believe that the client is greatest part of out practice, unfortunately some firms do not operate on the same ethical level. Attorneys are required to follow specific rules of civil litigation and others set forth by the court. There are four general areas of legal malpractice: negligent errors, negligence in the professional relationship, fee disputes, and claims filed by a non-client against the attorney.

Negligent errors are commonly associated with legal malpractice. This area protects the client from harm once the attorney has committed an error with otherwise could have been prevented, in turn preventing damage to the client’s case. If an attorney has given you erroneous advice, filed incorrect paperwork on your behalf, failed to file proper paperwork, or allowed the statute of limitations to expire, you may be eligible to recover damages from these errors.

Negligence in the professional relationship is the mishandling of the attorney-client relationship, which results in injury to the case. Attorneys must communicate effectively with their client to ensure that they are informed in matters pertaining to their case. If an individual’s case is damaged due to the attorney’s failure to communicate, the client will be able to recover from the damage that has been done to the case. This also includes damages that arise from the breaking the attorney-client confidentiality agreement.

Fee disputes arising from an attorney-client relationship typically relate to an attorney charging improperly for their services. Although attorneys take an oath and have a duty to clearly inform the client of rates and other charges that may incur, some attorneys fail to bill with clarity.  Common fee disputes include attorneys charging for unfinished work, unnecessary work, charging more than once for the same work, and overcharging for communication like phone calls and e-mails.

The fourth area of legal malpractice is negligence claims that do not include the client, but a third party. These claims are a result of an attorney representing one client, but causing damage to a third party. These claims may include malicious prosecution, abuse of process, defamation, emotional distress, or various statutes violations.

If you have hired an attorney and feel that your case has been injured, please call Doustkam & Associates to get an honest evaluation of your situation and discuss your options.